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Medicare Act – Standing to Sue
For the second time in as many years we affirm the district court’s dismissal of a lawsuit brought under the Medicare Act by entities seeking to collect on healthcare receivables assigned to them by so-called Medicare Advantage Organizations.
Copyright Infringement
Copyright law strikes a practical balance between the intellectual-property rights of authors and the public interest in preserving the free flow of ideas and information and encouraging creative expression, all in furtherance of the constitutional purpose to “promote the Progress of Science and useful Arts.”
Damages
On August 16, 2017, Rexing Quality Eggs and owners Joseph and Leo Rexing (collectively “Rexing”) filed a declaratory judgment action in Vanderburgh County, Indiana.
ALJ Error – Disability Benefits
Alice Gedatus seeks social security disability benefits.
Insurance Claim – Duty to Defend – TCPA Violation
Mesa Laboratories, Inc., was sued for sending unsolicited fax advertisements, but when it sought a defense from its insurer, its claim was denied.
Weekly Case Digests – June 21, 2021 – June 25, 2021
Weekly Case Digests – June 21, 2021 – June 25, 2021
Statutory Interpretation – Wisconsin’s Worker’s Compensation Act – Exclusive-remedy
In this case, we must determine whether the exclusive-remedy provision of the Wisconsin Worker's Compensation Act (the "Act"), Wis. Stat. § 102.03(2) (2017-18), bars the tort action filed by the petitioner, Francis Graef.
Eminent Domain – Diminution in Property Value
The Department of Transportation (DOT) changed the grade of a highway that abuts United America, LLC's property.
Statutory Interpretation – Trespasser Immunity
The focus of this case is Wis. Stat. § 895.529 (2017-18), which immunizes and protects a "possessor of real property" from claims of trespassers for certain conduct.
Summary Judgment
Wisconsin Fuel, LLC, appeals an order granting summary judgment to the Wisconsin Department of Transportation (DOT) and dismissing Wisconsin Fuel’s claim pursuant to WIS. STAT. § 32.195(6) (2019-20).
Ineffective Assistance of Counsel
Spencer Parks appeals a judgment of conviction and an order denying his postconviction motion.
Sufficiency of Evidence
The Department of Financial Institutions appeals a circuit court order remanding this case to the department to make additional findings of fact to support its decision in an enforcement action against Jace McDonald.
Polls
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- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
- Biden drops out of 2024 presidential race, endorses Harris
- Local PA cops allegedly thought Trump’s would-be assassin was Secret Service
- Biden-Lead Secret Service admits agency denied past requests by Trump’s campaign for tighter security
- Class action filed against Walgreens
- Former Waukesha County Sheriff’s Office lieutenant pleads guilty to smuggling contraband
- Two dead, one injured after Ozaukee County water rescue
- RNC Final Day: Trump accepts GOP Nomination
- Wisconsin officials intervene in Planned Parenthood action
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property
